A Brooklyn judge released a 29-year-old man without bail after prosecutors charged him with attempted murder in a shooting that left a service dog belonging to a woman with Down syndrome wounded.
Adrian Benitez was arraigned Tuesday on charges including attempted murder, assault, criminal possession of a weapon, reckless endangerment and aggravated cruelty to animals. Prosecutors requested $150,000 bail, but Brooklyn Criminal Court Judge Janice Robinson ordered Benitez released under supervision.
Libs of TikTok highlighted the case on X, writing that Robinson released Benitez after he allegedly tried to kill another man and wounded a service dog, adding, “Americans should not have to live like this.”
The charges stem from an Aug. 19 shooting near Green-Wood Cemetery in Brooklyn’s Greenwood Heights neighborhood.
Authorities allege Benitez pulled out a handgun during a confrontation with another man and fired at him. The intended target was not struck, according to the New York Post.
Instead, the bullet struck Honey, a 7-year-old Labradoodle who serves as a service dog for 64-year-old Teresa Pezzolla, who has Down syndrome.
The bullet entered Honey’s shoulder area, leaving the dog injured and requiring emergency veterinary treatment.
Honey survived the shooting, and veterinarians performed surgery to remove fragments from the .22-caliber round, according to reports.
Pezzolla was not injured.
Her nephew expressed relief that his aunt had escaped the gunfire, telling the Post that the consequences could have been significantly worse had the bullet struck her instead.
Police eventually identified Benitez using surveillance footage and arrested him at his home Tuesday, according to prosecutors. Authorities said he was not licensed to carry a firearm.
Benitez reportedly had no prior unsealed arrests before the incident.
During his arraignment, prosecutors asked Robinson to set bail at $150,000. His attorney argued against detention, pointing to Benitez’s lack of a criminal record, his cooperation with authorities and his role caring for his mother.
The defense also told the court that Benitez has developmental and physical health issues.
Robinson ultimately rejected the prosecution’s bail request and released Benitez under supervision pending his next appearance.
The decision quickly attracted scrutiny because of Robinson’s record in other serious criminal cases.
A recent New York Post review of 13 cases handled by Robinson found that eight defendants were released without bail, including two defendants facing attempted murder charges. The remaining five received comparatively low bail amounts, according to the newspaper, per The Western Journal.
A law enforcement source blasted the latest decision, arguing that the allegations against Benitez went far beyond a minor criminal offense.
“This is another individual with shots fired, charged with attempted murder,” the source told the Post before asking, “Does it have to be a child in a stroller next time?”
Robinson was elected in 2024 after spending roughly two decades working as an attorney for insurance companies. She initially joined Brooklyn Civil Court before later moving to the criminal bench.
The Office of Court Administration declined to criticize Robinson’s decision, telling the Post that bail determinations involve a judge assessing a defendant’s risk of failing to return to court.
Benitez has not been convicted of the charges against him, and the allegations remain pending in court.
Honey, meanwhile, is recovering from the gunshot wound after undergoing treatment.
Benitez is scheduled to return to court Nov. 24 as the attempted murder case proceeds.
